I am applicant under FSW, had renal transplant in jan 2007......now received fairness letter from visa officer inspite of the fact that in medical furtherance the nephrologist had commented:Serum Cr. normal/graft function is stable/protein in urine within normal limits/ Unlikely to undergo renal replacement therapy within 5-10 years.
Even though I have received a fairness letter. However, intent to bear the cost annexure was not attached as I have read is required to be sent by visa officer to mitigate the costs. I need experts who can guide me what to do in this case.
The following is the letter received as:-
Dear...
This refers to your application for permanent residence in Canada.
I have received a medical notification stating that you have the following medical condition or diagnosis which is in the opinion of a medical officer:
“This 41 year old applicant was diagnosed with chronic renal failure and underwent renal transplantation in January 2007. Her renal function is currently stable with serum creatinine of 0.9 mg/dl. She is taking triple immunosupression therapy of prednisolone, Mycophenolate Mofetil and Tacrolimus. These drugs are expensive and are provided at public expense in Canada.
Based upon my review of the results of this medical examination and all the reports submitted with respect to the applicant's health condition, I conclude that she has a health condition that might reasonably be expected to cause an excessive demand on health services. Specifically, her health condition might reasonably be expected to require services, the cost of which would likely exceed the average per capita costs over next 5 to 10 years. The applicant is therefore inadmissible under Section 38 (1)(c) of the Immigration and Refugee Protection Act.”
This information raises concerns that can be expected to cause excessive demands on health services in Canada.. For this reason, you may be a member of the inadmissible class under section A38(1) of the Immigration and Refugee Protection Act and your application for permanent residence could be refused.
A38(1) states that "A foreign national is inadmissible on health grounds if their health condition
(a) is likely to be a danger to public health;
(b) is likely to be a danger to public safety; or
(c) might reasonably be expected to cause excessive demand on health or social services.”
Before I make my final decision, you may submit additional information or documents relating to the above medical condition, diagnosis or opinion.
You have until May 31, 2014 to submit additional information to our office. Please ensure that you quote the application number, indicated at the top of this letter on any information you submit. We will then forward the information to the appropriate medical officer who will review the material and advise us of their conclusions.
You are responsible for any fees charged by doctors or other professionals you consult as a result of this opportunity to submit new information.
You must provide any additional information within sixty days of the date of this letter. If you choose not to respond with additional information, a decision will be rendered in your application based on the information before us.
Sincerely,
Visa Officer
========================================================================================================
.
A DESCRIPTION OF RELEVANT PASSAGES
IMMIGRATION AND REFUGEE PROTECTION REGULATIONS
Section 1(1) : The definitions in this subsection apply in the Act and in these Regulations.
“Excessive demand” means
(a) a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required by these Regulations, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years; or
(b) a demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of the denial or delay in the provision of those services to Canadian citizens or permanent residents.
“health services” means any health services for which the majority of the funds are contributed by governments, including the services of family physicians, medical specialists, nurses, chiropractors and physiotherapists, laboratory services and the supply of pharmaceutical or hospital care.
“social services” means any social services such as home care, specialized residence and residential services, special education services, social and vocational rehabilitation services, personal support services and the provision of devices related to those services,
(a) that are intended to assist a person in functioning physically, emotionally, socially, psychologically or vocationally; and
(b) for which the majority of the funding, including funding that provides direct or indirect financial support to an assisted person, is contributed by governments, either directly or through publicly-funded agencies.
Even though I have received a fairness letter. However, intent to bear the cost annexure was not attached as I have read is required to be sent by visa officer to mitigate the costs. I need experts who can guide me what to do in this case.
The following is the letter received as:-
Dear...
This refers to your application for permanent residence in Canada.
I have received a medical notification stating that you have the following medical condition or diagnosis which is in the opinion of a medical officer:
“This 41 year old applicant was diagnosed with chronic renal failure and underwent renal transplantation in January 2007. Her renal function is currently stable with serum creatinine of 0.9 mg/dl. She is taking triple immunosupression therapy of prednisolone, Mycophenolate Mofetil and Tacrolimus. These drugs are expensive and are provided at public expense in Canada.
Based upon my review of the results of this medical examination and all the reports submitted with respect to the applicant's health condition, I conclude that she has a health condition that might reasonably be expected to cause an excessive demand on health services. Specifically, her health condition might reasonably be expected to require services, the cost of which would likely exceed the average per capita costs over next 5 to 10 years. The applicant is therefore inadmissible under Section 38 (1)(c) of the Immigration and Refugee Protection Act.”
This information raises concerns that can be expected to cause excessive demands on health services in Canada.. For this reason, you may be a member of the inadmissible class under section A38(1) of the Immigration and Refugee Protection Act and your application for permanent residence could be refused.
A38(1) states that "A foreign national is inadmissible on health grounds if their health condition
(a) is likely to be a danger to public health;
(b) is likely to be a danger to public safety; or
(c) might reasonably be expected to cause excessive demand on health or social services.”
Before I make my final decision, you may submit additional information or documents relating to the above medical condition, diagnosis or opinion.
You have until May 31, 2014 to submit additional information to our office. Please ensure that you quote the application number, indicated at the top of this letter on any information you submit. We will then forward the information to the appropriate medical officer who will review the material and advise us of their conclusions.
You are responsible for any fees charged by doctors or other professionals you consult as a result of this opportunity to submit new information.
You must provide any additional information within sixty days of the date of this letter. If you choose not to respond with additional information, a decision will be rendered in your application based on the information before us.
Sincerely,
Visa Officer
========================================================================================================
.
A DESCRIPTION OF RELEVANT PASSAGES
IMMIGRATION AND REFUGEE PROTECTION REGULATIONS
Section 1(1) : The definitions in this subsection apply in the Act and in these Regulations.
“Excessive demand” means
(a) a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required by these Regulations, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years; or
(b) a demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of the denial or delay in the provision of those services to Canadian citizens or permanent residents.
“health services” means any health services for which the majority of the funds are contributed by governments, including the services of family physicians, medical specialists, nurses, chiropractors and physiotherapists, laboratory services and the supply of pharmaceutical or hospital care.
“social services” means any social services such as home care, specialized residence and residential services, special education services, social and vocational rehabilitation services, personal support services and the provision of devices related to those services,
(a) that are intended to assist a person in functioning physically, emotionally, socially, psychologically or vocationally; and
(b) for which the majority of the funding, including funding that provides direct or indirect financial support to an assisted person, is contributed by governments, either directly or through publicly-funded agencies.
